Ord No 36-16-2269ORDINANCE NO.36-16-2269
An Ordinance amending the City of South Miami Code of Ordinances,Chapter
2,Section 2-2.1 (J)and (O)to provides additional administrative procedure for
public comments and quasi-judicial proceedings.
WHEREAS,section 2-2.1 of the City's code of ordinancesallows fora filibuster;and
WHEREAS,if 30 people attend a meeting and each speaks for5 minutes with a minute
between speakers,public comments could conceivably take 3 hours;and
WHEREAS,typically,public remarks donot begin before 7:30 and if there isa large
number of people who wish to speak at public comments there can be very little time to conduct
public business,even if the meeting is extended until midnight;and
WHEREAS,the City Commission should not be rushed or fatigued when make
important decisions and should adopt an environment that fosters greater deliberation of the
important issues that are before it;and
WHEREAS,each member of the City Commission has taken an oath todo the best job
possible to serve the City and to manage an approximately 20 million budget;and
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Chapter 2,Article I,Section 2-2.1(J)and (O)of the Code of Ordinances,
City of South Miami,Florida,are hereby amended and shall read as follows:
***
(J)MANNER OF ADDRESSING COMMISSION;TIME LIMIT.
(1)Commission:Each Commission member shall have eight (8)minutes to address
the Commission and the public atlargeandthe total time shall not exceed forty
(40)minutes.A member may transfer allor any portion of his or her time to
another member.
(2)No person shall address the commission from the audience.
(3)Each person,before addressing the commission,shall:
(a)first legibly print their full name and their residential address and sign inthe
space provided onthe speaker list;
(b)stepuptothe podium;
(c)speak intothe microphone;and
(d)state the person's name and city of residence and,if not a resident of the City
of South Miami,state whether the person has a business interest in the city
and its address.
(4)The person shall speak inan audible tone of voice forthe public record,and
unless further time is granted by the commission,shall limit hisorher address tofive(5)
minutes,orlessfor public comments and stakeholder shall have five(5)minutes andnon-
Ord.No.36-16-2269
stakeholders shallhavetwoandone half (2-1/2)minutes to address a matter duringa public
hearing.The amount of time allowed maybe shortened duetothe number of speakers according
tothe formula setforth below,or untiPwhen statements appear tobe repetitive or obstructive as
determined by the presiding officer.
(5)All remarks shall be addressed tothe commission asa body and not toany
member.
(6)No person addressing the commission shallbe permitted toask questions of orto
enter intoany discussion with any member of the commission,orany city officer,while they are
seated onor beside thedaisand while a commission meeting isin progress,either directly or
through a member of the commission,without the permission of the presiding officer.
(7)No person who wishes to speak about an item that is subject toa quasi-judicial
procedure shall speak during the time set aside for public comments and shall only address the
City Commission on such item or subject matter after the applicant has made his/her presentation
and after the applicant has presented all of his/her witnesses and evidence.
(8)The extension of the time for the meeting after 11:00 p.m.shall only befor City
business.
(9)The total time for public comments is limited to60 minutes.Both the City Clerk
andthe Mayor shall keep a timer tokeep track of the total time to ensure that ample time is
allotted for City business.The mayor,or another person designated by the mayor,will keep track
of time for individual speakers and notify the speaker when hisor her time has elapsed.Noone
shallspeakmore than onceat public remarks.TheMayororthe presiding officer shall adjust the
timeper speaker soas not to exceed the allotted time of 60 minutes for public comments.
If the meeting is run efficiently and if speakers do not use their total allowed time,
additional new speakers may speak solongasthetotal time doesnot exceed 60 minutes andthe
speaker'sindividualtimedoesnotexceedtheindividualtime allotted forthepreviousspeakers.
Itisalso recommended that the Mayor provides a visual reminder tothe speakers when 30
seconds is remaining.
(10)The Commission,ata meeting,may change any of these requirements bya
motion,duly seconded and approved by three (3)affirmative votes.
***
(O)OUASPJUDICIAL PROCEEDINGS.
(1)Duration of Presentations:
(a)Time for Hearing:Each Quasi-judicial proceeding shallbegiven30
minutesfor presentation of thecaseandthe opposition tothe application.
(b)Applicant:Theapplicantshallhaveten (10)minutestomakehis/her
presentationandeach of the applicant's witnessesshallhavetwominutesandthirtysecondsto
presenttheirevidence.Theapplicantshallhavefiveminutestorebutanyevidencein opposition
tothe application andto present a closing statement.
(c)Opposition:Eachtaxpayer,commercial tenant andeachCity resident
("stakeholders")shall have five (5)minutes and non-stakeholders shall have two and one half (2-
1/2)minutes to present their evidence.After reserving five minutes forthe rebuttal bythe
applicant,if thereistime remaining,non-taxpayers and non-residents of theCityshallhavethe
remaining time to testify and present evidence.No speaker shall be allowed to transfer any of
hisor her time to another speaker.
Page 2 of3
Ord.No.36-16-2269
(d)Extension of time:A majority (three (3)votes)of theCity Commission
may authorize the granting of extra time tothe applicant and his/her witnesses andto taxpayers
and commercial tenants and City residents.
(02)EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIAL.
Communications with local public officials regarding quasi-judicial matters,including the
adjudication of therights of persons andthe application of a general ruleor policy toa specific
individual,property,interest or activity shallbe governed bythe following procedure:
Section 2.Codification.The provisions of this ordinance shall become andbe made
apart of the Code of Ordinances of theCity of South Miami as amended.
Section 3.Severability.If any section,clause,sentence,or phrase of this ordinance
isforany reason held invalid or unconstitutional bya court of competent jurisdiction,this
holding shall not affect the validity of the remaining portions of this ordinance.
Section 4.Ordinances in Conflict.All ordinances or parts of ordinances andall
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5.Effective Date.This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 2jf_day of December,2016.
ATTEST:APPROVED:
CITY CLERK
1st Reading 11/15/16
,nd2na Reading12/20/16
MAY@R
READ ANT>APPROVED AS TO FORM:COMMISSION VOTE:3-2
LANGUA^ErfcEGALITY AND Mayor Stoddard:Yea
^ON THER^OPa Vice Mayor Welsh:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Nay
Commissioner Harris:Nay
Page 3 of 3
38SE NEIGHBORS SUNDAY DECEMBER112016
MIAMIHERAID.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY giventhattheCityCommissionoftheCityofSouthMiami.FloridawillconductPublicHeanngfsjatits
regular City Commission meeting scheduled for Tuesday.December 20.2016.beginningat7:00p.m..in Ihc City Commission
Chambers.6130 Sunset Drive,to consider the following item(s):
/AnOrdinance amending the City ofSouthMiamiCodeofOrdinances.Chapter 2.Section 2-2.1(J)and (O)toprovide'
(additional administrative procedure for public comments and quasi-judicial proceedings.>
An Ordinance amendingthesiteplanand ordinances adoptingandamendingsame For the Valencia Buildinglocatedat
6001 SW70thStreetwhichsiteplanwasadoptedbyOrdinance24-01-175?andamendedbyOrdinance06-10-2031:
theamendment permits,byright,office,businessandprofessionalusesinthefirstfloor commercial spaces.
ALL interested parties are invited toattendandwillbe heard.
Forfurther information,please contact the City Clerk's Officeat:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant lo Florida Siaimes 286 0105,ihe Cilyherebyadvises ihe public Ihal ifapersondecides lo appeal any decisionmadebythisBoard.AgencyorCommission
withrespecttoanymatterconsidered atits meeting or hearing,he orshe will need arecordof ihe proceedings,and thatforsuch purpose,affected personmayneed
1toensure thai a verbatim record ol the proceedings is made which record includes the testimony and evidence upon which the appeal istobe based.
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Call Neighbors 4 Neighbors at 305.597.4404
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School Board Member
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Wednesday,December 21,2016
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Miami Coral Park Sr.High School
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MIAMI DAILY BUSINESS REVIEW
v Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA,who on oath says that he or she is the LEGAL
CLERK,Legal Notices oftheMiamiDaily Business Review
f/k/a Miami Review,adaily (except Saturday,Sunday and
Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;thatthe attached copy of advertisement,
being aLegal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-DEC.20,2016
in the XXXX Court,
was published insaid newspaper inthe issues of
12/09/2016
Affiant further says that the said MiamiDaily Business
Review isa newspaper published atMiami,insaid
Miami-Dade County,Floridaand that the said newspaper has
heretofore been continuously published insaid Miami-Dade
County,Florida each day (except Saturday,Sunday and
LegalHolidays)and has been entered as second class mail
matter at the post office inMiamiinsaid Miami-Dade County,
Florida,foraperiodof one year next preceding the first
publicationofthe attached copy of advertisement;andaffiant
further says that he or she has neither paidnor promised any
person,firmor corporation any discount,rebate,commission
or refund for the purpose of securing this advertisement for
publication icUhe^Snrdwsca^r.
(SEAL)
£
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GG 026718
,sr^-
CITY OF SOUTH
NOTICE OF PUBLIC
NOTICE IS I
Florida will.amducj#fo.*&fa&*&*.„...
scheduled'16r Tuesday,tfec^ri&er^Q,&&$»b^polr^^7:00 jSaftt,totoe
City CommissionXJhaflbeis,61^Sufiseir^""""**''-*•
Art Ordinance amending thetjfty of South Iffiamt'-CM'oTOrdlriarfces,
Chapter 2,Sectfon.2-2.1 (4 and (G)to provide additional admfrastrative
procedure fo^ffibltettemmehtsand quashjiKflGiaJ propeedings.
An Ordinance amencBng thesite plan and ordinances adoptfrig and
amending same for the Valencia Building located at 6001 SW70th
Street which site pan was adopted by Ordinance 24-01-1755 and
amended by Ordinance 08-10-2031;theamendment permits,by right,
office,business and professional usesinthe first floor commercial
ALL Interested parties are irtylte^#$^
For furtherNomatid*please owtectttieGity Jerk's GffiRce at
305-663-634CL '
Maria M.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0105,the City hereby advises the public
that.jf^^^^ej^n^dec|i^^-a^)eaJl.any t^^^jj^a^J^Ji^^^
Agency orCkimrnisstojt^rtesB^
hearing,heor sheiwffl Read-**®cord:Qf t&e;iKDceediBfls,antfftrat w£tti
purpose,affected person may need to ensure that averbatim wewd oHhe
proceedings Is made which record Jnejudes the testimony and evidence
uponwhich the appeal istobebased.
12/9 16-76/0000178170M